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Reasons
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(영문) 인천지방법원 2015.04.23 2015고단1079
사기
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant was asked by E, the wife of the victim D, to inquire about the English study of F, E, and the defendant did not graduate from the Seoul University, and et al. graduated from the Seoul University, and was working as a professor of the Seoul National University. The defendant was willing to obtain money from the victim in order to arrange the study of the UK through G to arrange the study of the UK, while he was well aware of the fact that G, the defendant's wife, did not obtain the lawyer's qualification in the UK, while he was working as a professor of the Seoul National University.

On March 20, 2012, the Defendant made a false statement to the victim by telephone at the Defendant’s home located in the Bupyeong-gu Incheon Bupyeong-gu H, 102 Dong 2008, stating that “The Defendant shall transfer the test cost of KRW 1.5 million necessary for studying in the UK to the Defendant’s account at the Defendant’s home.”

However, the test requires only the cost of 180,000 won, but not the cost of 1,500,000 won. A was not the defendant's words but the defendant himself.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1.5 million from the victim, and thereafter, received KRW 115,783,100 from that time to December 21, 2012, by deceiving the victim over 16 times, as shown in the list of crimes in the attached Table, and received a total of KRW 115,783,100.

Accordingly, the defendant deceivings the victim, thereby deceiving 115,783,100 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Second police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of the detailed statement of each savings deposit transaction, certificate of deposit transaction records, each e-mail data, data to capture text messages, foreign exchange receipts, certificate of account by member transaction account, and application of the detailed statement of passbook transaction Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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